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What Does the Personal Injury Claims Process Entail?

Pablo G. Martinez Law Firm Blogger • May 26, 2022

The personal injury claims process is complicated and requires the help of a lawyer. Learn what this process entails with this guide.

personal injury claims

In 2020, employers reported over 2.7 million non-fatal injuries caused by accidents. If you've sustained an injury due to negligence, you might be entitled to compensation.


The road to receiving a settlement for your personal injury claims isn't an easy one, though.


There are many steps required, and they might be complicated. We want to help you through the process.


In this article, we'll show you the steps of filing a claim for a personal injury in Tampa.


The Different Types of Personal Injury Claims

There are a vast number of injuries for which you can claim compensation. Let's take a look at some of the most common.


Motor Vehicle Accident

This is the most common personal injury claim. From January to September 2021, NHTSA estimates that 31,720 people died in traffic accidents. Non-fatal vehicle accidents are commonplace too, and a personal injury claim can help.


There are many types of negligence on the road which can lead to personal injury. Even with traffic laws in place, road accidents are everywhere. If you are involved in a road accident, you could claim compensation.


Workplace Accident

If you get injured at work, you can claim workers' compensation for personal injury. This does not require a fault on the employer's part. That said, if health and safety protocols led to your injury, you could be entitled to more.


For workplace injuries, you can claim Temporary Total Disability. This pays your salary for time off. You can also claim Permanent Partial Disability in a lump sum.


Medical Malpractice

We place nurses and doctors in a position of trust to look after our health. When their decisions are misjudged, we can suffer. Examples include misdiagnosis, wrong medication, surgical error, and patient neglect.


Wrongful Death

If someone dies due to third-party negligence, their family can claim wrongful death. This can overlap with other personal injury claims if the result is fatal.


Examples include dangerous driving, animal attacks, transport accidents, medical malpractice, and toxic products.


Premises Liability

Dangers and defects on a person's land can lead to third-party injury. This could be an uncovered hole, slippery surfaces, animal attacks, and more.


Premises liability covers homes, restaurants, gas stations, and stores.


Nursing Home Abuse or Neglect

If you or a relative have been subject to nursing home neglect, you can file a personal injury lawsuit.


Examples include hygiene, isolation, poor diet, verbal abuse, and untreated ailments.


Product Liability

Products can slip through quality checks and still reach our hands. These can cause harm or injury, and if you are affected, you can file a personal injury claim.


Examples include unsafe toys, toxicity, lack of warnings, and duty of care breaches. The designer, manufacturer, seller, and distributor can all be held liable.


The Personal Injury Claim Process

Personal injury claims follow a set process in most cases. Knowing the steps helps you make sure you have all the information you need.


Plaintiff Injury

You should record proof of your personal injury as soon as possible. Take photos, ask witnesses for contact details, and document all events.


See a doctor as soon as possible, both for medical reasons and for evidence. You should also contact your insurance company and employer if you need time off. This information will form evidence of damages in your claim.


Note the financial, health, and lifestyle losses you suffer after the injury. We refer to losses as damages in legal terms, and we will use this term going forward.


Contact a Personal Injury Claims Attorney

personal injury claims attorney can give you guidance, and investigate the case to a professional degree.


Your attorney will discuss the details of your injury with you. They will make a judgment on the viability of the case. This is based on your evidence, medical records, and damages incurred.


Your attorney will then begin an exploratory investigation. They will assess the defendant's ability to settle, based on their insurance, income, and assets.


If your case is viable, you will sign a fee agreement, and your attorney-client relationship will be official. 


Placing a Demand to the Defendant

Your attorney will assess your case and wait for you to reach Maximum Medical Improvement (MMI). They will then make a demand to the defendant, their insurance, or their defense attorney.


Small personal injury claims are settled out of court in most cases. In fact, this is true for almost all personal injury claims.

If a personal injury settlement cannot be reached, or negotiations fail, you will begin litigation.


Filing a Personal Injury Lawsuit

When you or your attorney files your complaint in the civil court, litigation is underway. This will detail your injury, evidence, damages, defendant liability, and your demands.


Your attorney will locate the defendant and serve your complaint to them. This transaction must be verified. This stops the defendant from claiming ignorance of your complaint.


This is one of the reasons why an attorney is essential in a personal injury case.


Statute of Limitations

This sets a time limit to file your personal injury lawsuit. Dated from the time of injury, this is 4 years in Tampa, FL, under Florida Statutes Section 95.11


Exemptions occur in some cases.


You must file medical malpractice cases within 2 years of the incident. You can also file within 2 years of discovery of the incident. The total time from the incident cannot exceed 4 years. 


You must file wrongful death cases within 2 years of the incident.


If you do not abide by these timeframes, you can lose your rights to the case.


Discovery Phase

Both sides of the personal injury case submit interrogatories to the opposing parties. These make inquiries into evidence, request documents, and schedule depositions. 


A deposition is an interview under oath led by either attorney. Depositions start with the plaintiff and defendant, then move on to witnesses.


Both attorneys must also appear in court to notify the judge of the case. They will make further appearances as the case progresses.


Discovery can last 6 months to over a year before the case reaches trial. Parties can settle the case at any time during this period.


Mediation

If the parties cannot reach a settlement, a mediator may enter the case to attempt resolution. The mediator is a neutral third party who aims to settle the case. They listen to both parties and try to halt further legal action.


If negotiations fail, you and your attorney will progress to the trial stage. This is now your best option for a personal injury settlement.


Personal Injury Trial Stage

A personal injury trial can last for a day, a week, or more, depending on the circumstances. This is why most cases settle outside of court. 


Your attorney will present your case to the judge and jury. They will then decide whether the defendant was at fault for your injury and how much they will pay you in damages.


You or the defendant can launch an appeal after the trial. If the outcome is unsatisfactory, this can be your best option. Appeals can last months or even years, but once they have concluded, the case is complete.


Your personal injury claim will settle out of court in most cases. This is often better for both parties as it saves time and legal costs.


What to Do After an Accident

Your priority after an injury should always be your health. That said, there are steps you should take to ensure you have evidence for a personal injury claim. If you cannot do these, ask a trusted third party to do them for you.


Gather Evidence

Gather as much evidence as possible from the scene of your injury. Take photos of the location, faults that led to your injury, and your injury itself. It is wise to photograph your injury at intervals until you reach MMI.


Document all the events that led up to your injury. This includes what you were doing, what others were doing, and where you were. Add any sensory information, as well as the time and date.


Witness Contact Details

Ask witnesses for their names and contact details. You should confirm these afterward by giving them a quick call, text, or email. You can also ask for a copy of the police report for further evidence.


Document Your Damages

Keep all medical bills, doctors consultations lost wages, hospital stays, and other damages. These will reinforce your personal injury claim.


Notify the Defendant

Once you have decided to make a personal injury claim. You should notify the defendant of your intentions. There is no set time limit for this, as long as your keep within the Statute of Limitations timeframe.


You will protect your rights if you notify the defendant as soon as possible. The defendant can use any delay against you in court, arguing that you waited too long.


Notifying the defendant does not bind you in any way. You can decide not to file the case if you wish.


The First Steps in Filing a Personal Injury Claim

Before you file a personal injury claim, you should ask yourself these questions. They will help you decide on the best course of action and help guarantee a favorable outcome for you.


Will Insurance Cover Your Injury?

Decide if an insurance policy will cover your injury. You should find out if the defendant has insurance. If they do not, you may not be able to collect the damages, even if the court awards them to you.


Small injuries and minor cases are best settled out of court. You could decide to use your insurance if you have minor injuries and the defendant is uninsured.


For more serious injuries, you should claim whether or not the defendant is insured. You deserve justice for your damages, and personal injury claims are the best way to do this.


Do You Need an Attorney?

Small cases, settled out of court, can be completed without an attorney. That said, it is unwise to engage in any legal action without a trained professional to guide you.


Even for small cases, discussing your claim with a personal injury attorney can be vital. Most attorneys will be happy to give you a free consultation. They can advise you on the best approach and offer guidance.


Some personal injury attorneys work by contingency. You incur no fees if the defendant wins. If you win, your attorney will earn a pre-agreed percentage of your claim.


Do You Need to File a Lawsuit?

You can file a third-party claim to the defendant's insurance without filing a lawsuit. To do this you need the defendant's details, your details, the date of the injury, and a notification letter.


A notification letter states your intention to submit a claim. It also details your injury and the events that led to it, though in less detail than a demand letter.


If negotiations fail, it is time to file your complaint at your local civil court.


It is possible to do this yourself, but consulting with an attorney will make the process easier. They will ensure you have done everything in the correct manner.


How to File a Personal Injury Claim

Your complaint will include your details, your injuries, and the facts. It will give the defendant's details, your complaint, and the settlement you demand.


Jurisdictional allegations begin your personal injury lawsuit. These state the reasons for your complaint, incident location, and where you will file it.


Factual allegations tell your account of the events. These include the date, time, location, and all the evidence you collected at the scene.


Legal allegations apply the law to your factual allegations. Legal allegations appear as counts. A specific theory of recovery by law underpins each count.


Claim the Justice You Deserve

Personal injury claims can be complex. Professional help maximizes your chances of success. With the right guidance, you can limit the time you spend, ease stress, and move forwards.


Pablo G. Martinez Law Firm has helped those in need make personal injury claims since 1997. We are experts in all forms of personal injury lawsuits.


Our team in Tampa will guide you through the legal complexity to the outcome you deserve. We will be happy to discuss your case with you. 


Book your consultation today!

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